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The Spitzenkandidaten Method and the European Material Constitution

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Keywords: Spitzenkandidat – lead candidate – material constitution – European Commission – Parliament – art. 17(7) TEU.

Legal studies on the method for the appointment of the President of the Commission, known as Spitzenkandidaten, are not frequent. Yet this method has been known and discussed at least for...

European Super League Company and the (New) Law of European Football

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Abstract: In European Super League Company (ESLC), the Court of Justice was faced with a challenge against the legality of FIFA and UEFA’s prior approval scheme for the creation of, and participation in, breakaway football competitions. The Court’s judgment is lengthy and nuanced, and touches on many of the issues which have characterised the ever-...

EU Cross-border Telemedicine: A Partial Harmonisation of Product and Professional Liability?

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Abstract: Telemedicine raises complex legal issues. The challenging regulatory choices needed to adequately cope with the digital transformation of healthcare become more pronounced when the provision of healthcare services bridges national borders. Recently the EU has undoubtedly presented itself as a particularly active player in harmonising the...

Who are the Russian Oligarchs? Recent Developments in the Case Law of the European Court of Justice

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Abstract: This Insight examines the developments in the EU restrictive measures against Russia in the aftermath of the full-scale aggression in Ukraine, focusing on the novel "(g) criterion" designed to target Russian businesspersons (often referred to as Russian oligarchs). The analysis illustrates the recent litigation before the General...

The EU and Russian Aggression: Perspectives from Kant, Hobbes, and Machiavelli

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Abstract: This Insight examines the stance the EU should adopt towards the Russian invasion of Ukraine on the basis of the political thought of Immanuel Kant, Thomas Hobbes, and Niccolò Machiavelli. Taking as its starting point Josep Borrell’s comment that “we are too much Kantians and not enough Hobbesians” at the 2022 EU Ambassadors’...

Media in War: An Overview of the European Restrictions on Russian Media

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Abstract: The ongoing Russia-Ukraine conflict has triggered a multitude of media regulation challenges within the EU. With the Russian state propaganda machinery continuing to work in full swing, it has become increasingly critical for the EU to regulate media content to prevent the dissemination of disinformation, harmful and misleading information...

La contribution de l’arrêt J.K. à la redéfinition des frontières du droit social de l’Union

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Abstract: From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by...

La directive 2000/78/CE au cœur de la politique sociale et des valeurs de l’UE. Les enjeux de l’arrêt J.K c TP S.A

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Abstract: The J.K. v TP S.A ruling is an important judgment, and not only because it led the Court to settle main questions of substantive law. In the context of adapting social law to new forms of employment relations, the Court first clarified the personal scope of Directive 2000/78/CE. Secondly, it addressed the relationship between non-...

Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?

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Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

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